Florida HB 1117: Pine Tree Water Control District, Broward County
Status: Died in Local Administration Subcommittee (as of 2020-03-14)
State: Florida · Session: 2020 · Bill: HB 1117
Subjects: local bills
Sponsors: Daley
Bill Text
HB 1117 2026 CODING: Words stricken are deletions; words underlined are additions. hb1117-00 Page 1 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to offenses evidencing prejudice; 2 amending s. 775.085, F.S.; expanding grounds for the 3 reclassification of offenses to include acts based on 4 the gender or gender identity of any person; 5 specifying that the reclassification must occur if the 6 offense was based in whole or in part on specified 7 characteristics of any person; providing and revising 8 definitions; providing that it is an essential element 9 of a certain offense that the defendant perceived, 10 knew, or had reasonable grounds to know or perceive 11 that a person was included in a certain class of 12 person; amending s. 775.0863, F.S.; replacing the term 13 "mental or physical disability" with the term 14 "disability"; revising the definition of such term; 15 specifying that the reclassification of a certain 16 offense must occur if the offense was based in whole 17 or in part on a disability of any person; providing 18 penalties; amending s. 817.034; replacing the term 19 "mental or physical disability" with the term 20 "disability"; reclassifying certain offenses committed 21 against a person with a disability; amending s. 22 877.19, F.S.; expanding the data the Governor is 23 required to collect and disseminate to include 24 specified incidents; providing an effective date. 25 HB 1117 2026 CODING: Words stricken are deletions; words underlined are additions. hb1117-00 Page 2 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 26 Be It Enacted by the Legislature of the State of Florida: 27 28 Section 1. Section 775.085, Florida Statutes, is amended 29 to read: 30 775.085 Evidencing prejudice while committing offense; 31 reclassification.— 32 (1)(a) The penalty for any felony or misdemeanor shall be 33 reclassified as provided in this subsection if the commission of 34 such felony or misdemeanor evidences prejudice based in whole or 35 in part on the gender, race, color, ancestry, ethnicity, 36 religion, sexual orientation, national origin, homeless status, 37 or advanced age, or gender identity of any person the victim: 38 1. A misdemeanor of the second degree is reclassified to a 39 misdemeanor of the first degree. 40 2. A misdemeanor of the first degree is reclassified to a 41 felony of the third degree. 42 3. A felony of the third degree is reclassified to a 43 felony of the second degree. 44 4. A felony of the second degree is reclassified to a 45 felony of the first degree. 46 5. A felony of the first degree is reclassified to a life 47 felony. 48 (b) As used in paragraph (a), the term: 49 1. "Advanced age" means that the person victim is older 50 HB 1117 2026 CODING: Words stricken are deletions; words underlined are additions. hb1117-00 Page 3 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S than 65 years of age. 51 2. "Gender identity" means a person's gender-related 52 identity, appearance, or behavior, regardless of whether such 53 gender-related identity, appearance, or behavior is different 54 from that traditionally associated with the person's physiology 55 or assigned sex at birth. 56 3.2. "Homeless status" means that the person victim: 57 a. Lacks a fixed, regular, and adequate nighttime 58 residence; or 59 b. Has a primary nighttime residence that is: 60 (I) A supervised publicly or privately operated shelter 61 designed to provide temporary living accommodations; or 62 (II) A public or private place not designed for, or 63 ordinarily used as, a regular sleeping accommodation for human 64 beings. 65 (2) A person or organization that establishes by clear and 66 convincing evidence that it has been coerced, intimidated, or 67 threatened in violation of this section has a civil cause of 68 action for treble damages, an injunction, or any other 69 appropriate relief in law or in equity. Upon prevailing in such 70 civil action, the plaintiff may recover reasonable attorney fees 71 and costs. 72 (3) It is an essential element of this section that the 73 record reflect that the defendant perceived, knew, or had 74 reasonable grounds to know or perceive that the person victim 75 HB 1117 2026 CODING: Words stricken are deletions; words underlined are additions. hb1117-00 Page 4 of 8 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S was included in a within the class delineated in this section. 76 Section 2. Section 775.0863, Florida Statutes, is amended 77 to read: 78 775.0863 Evidencing prejudice while committing offense 79 against person with mental or physical disability; 80 reclassification.— 81 (1)(a) The penalty for any felony or misdemeanor shall be 82 reclassified as provided in this subsection if the commission of 83 such felony or misdemeanor evidences prejudice based in whole or 84 in part on a mental or physical disability of any person the 85 victim: 86 1. A misdemeanor o
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